logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.05.21 2015노352
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) shall be excessively unreasonable.

2. The judgment is a favorable condition to the defendant, such as the fact that the defendant confessions all of the crimes in this case and reflects against the defendant, and that there are family members to support

On the other hand, considering the fact that the defendant has been punished several times for the same crime, the fact that the defendant again committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was under the suspension of execution due to the same crime, the amount of damage is large and not agreed with the victim, and there was no measure to recover damage, and the fact that all stolen money and valuables were raised with gambling funds and the circumstances of the crime are poor after the crime are considered as unfavorable to the defendant. In light of the above circumstances and other factors, the court below's punishment is unreasonable because of the overall sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means, and result, etc. as shown in the argument of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow